Mumbai: Observing that the present pandemic has created an atmosphere of weariness and exasperation, the Bombay High Court on Tuesday granted bail to a young architect, who assaulted a policeman, who pulled him up for not wearing a mask. The HC has asked him the 27-year-old man to furnish bail sureties worth Rs 50,000.
A bench of Justice Bharati Dangre said, "The situation of the spread of pandemic has brought on an atmosphere of weariness and exasperation and a young person like the accused has fallen trap into the scenario."
The bench was dealing with a plea filed by one Karan Nair, who was arrested by the police after he assaulted one of them with his architecture equipment. The "unfortunate incident" as the HC said, took place on May 8, when Nair was found strolling on Marine Drive despite a curfew order in place.
"A police inspector who was posted on duty spotted this young man strolling on the road. He asked him to stop and reminded him that he was not wearing a mask. This young man who may have been disturbed on account of some of the personal issues, suddenly attempted to charge," Justice Dangre noted in her order.
According to the prosecution, Nair, after assaulting the inspector, tried to escape from the spot but was chased by the police and was immediately taken into custody.
While allowing Nair's release, Justice Dangre noted that he did not have any criminal antecedents. "The perusal of the FIR would clearly reveal that even the complainant police officer, was under tremendous pressure on maintaining the law and order in view of the prohibitory orders imposed in the city," the judge noted.
"Nair, being apprehensive that he would be arrested by the police officer and probably irked by the fact that the police officer was chasing him only for not wearing the mask was the cause of the unfortunate incident," Justice Dangre observed.
The bench further considered the fact that Nair is a young man and belonged to a reputed family. "Even fleeing the court of justice being obscure, he is entitled to be released on bail. Another reason for his release being the jail facilities are otherwise overburdened and merely for a person who is a one-time confronter of law cannot be incarcerated and particularly in the peculiar situation prevailing inside the jail," Justice Dangre held.
